If you were married when your child was born, then both spouses would have legal rights as parents without taking any additional steps. However, when two people have a child and aren’t married, they must establish paternity in another way. There are many situations in which Kendall Gkikas & Mitchell works with parents who want to establish paternity.
In some cases, the parents are not in agreement about how the child should be raised or child custody. In that case, paternity would likely need to be verified before moving forward. In other cases, a mother may require child support and need to prove who the father of the child is. Regardless of the specifics of your situation, if you need to establish paternity of your child then you need to work with a family law attorney.
There are several ways to establish paternity
The two main ways to establish paternity is by taking a blood test that proves it, or by voluntarily signing a Declaration of Paternity. The second option is typically the choice when both parents accept who the father is and it’s not in question. The Declaration, which must be signed by both parties, simply states that they both acknowledge that the child belongs to them both. If they aren’t in agreement, then a court order may need to be obtained to get the father to take a paternity test.
Establishing paternity is important for the child
Many parents don’t think it’s that important to establish paternity but there are actually numerous reasons to do so. Many of those reasons affected the children. For example, if paternity is established they can:
- Request financial support from their parents.
- Get health insurance from either parent.
- Receive veteran’s benefits and / or social security benefits, if applicable.
- Access family medical records.
- Inherit property from either or both parents.
As you can see, clearly established paternity simply makes it easier for the child as various legal situations come up.
Establishing paternity is important for the parent
When paternity is established, both parents have the right to be involved in decisions that affect where the child lives and they both can request custody or visitation. They also both have legal rights and can make decision on their child’s behalf. Even if it doesn’t seem important today, the truth is that there’s likely to come a situation in the future where you wish you’d established paternity.
Get the advice of an experienced family law attorney
If you’re considering establishing paternity then you need to consult with a family attorney first. Call Kendall Gkikas & Mitchell at 909-482-1422 now to set up your appointment. We’ll listen to your situation and offer our best advice on how you can move forward.
